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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around January 5, 2018, the Defendant and the victim have been in a very friendly relationship with the victim D and his wife, and the victim had been married. The Defendant reported sexual assault at the office of the female juvenile investigation team in Busan, and stated that “Around January 3, 2018, at around 03:00, the Defendant forced D, a former workplace partner in Busan, to go off and pansty, and attempted to go off and put pansty into the sound book, but the Defendant and the victim had attempted to go against it.” The Defendant stated that “Around January 3, 2018, at the office of the female juvenile investigation team in Busan, the Defendant reported sexual assault damage.”
However, in fact, only the victim attempted sexual intercourse under the agreement with the defendant, and did not have intended to have sexual intercourse with the defendant by assault or intimidation.
Nevertheless, even though the victimized person tried to have sexual intercourse with the Defendant at the her motherel, the Defendant was under contact with the wife, and eventually, left the Defendant in the mixed telecom, and was committed with the intent of having the victimized person receive criminal punishment as above.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D by the prosecution;
1. Each report on investigation;
1. The application of two Acts and subordinate statutes to a record recording, a copy, and a content of G dialogue;
1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 157, 153, and 55 (1) 3 of the Criminal Act to mitigate confessions;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Self-denunciation and confession of the mitigated area (one-one year from January to one year) within the scope of the recommended punishment according to the sentencing guidelines;
2. The offense of false sentencing is a serious crime that infringes on the appropriate exercise of national criminal justice power or the interests of an individual not unfairly punished. In the case of a rape crime, such as this case, where considering the characteristics of the crime, the tangible or intangible damage resulting in a person without doubt is heavier than those of other crimes;
However, the person who received the investigation is in the process of being investigated.